Page 143 - Bonhams IMages of Devotion, Hong Kong Nov 30 2022

in writing). It is the responsibility of the sender of the notice or “Commission” the commission payable by the Seller to Bonhams Stamp sale.
communication to ensure that it is received in a legible form calculated at the rates stated in the Contract Form. “Standard Examination” a visual examination of a Lot by a non-
within any applicable time period. “Condition Report” a report on the physical condition of a Lot specialist member of Bonhams’ staff.
11.5 If any term or any part of any term of this agreement is held to provided to a Bidder or potential Bidder by Bonhams on behalf of the “Storage Contract” means the contract described in paragraph
be unenforceable or invalid, such unenforceability or invalidity Seller. 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s
will not affect the enforceability and validity of the remaining “Consignment Fee” a fee payable to Bonhams by the Seller Agreement (as appropriate).
terms or the remainder of the relevant term. calculated at rates set out in the Conditions of Business. “Storage Contractor” means the company identified as such in the
11.6 References in this agreement to Bonhams will, where “Contract Form” the contract form, or vehicle entry form, as Catalogue.
appropriate, include reference to Bonhams’ officers, employees applicable, signed by or on behalf of the Seller listing the Lots to be “Tax” means all taxes, charges, duties, imposts, fees, levies or other
and agents. offered for sale by Bonhams. assessments, and all estimated payments thereof, including without
11.7 The headings used in this agreement are for convenience only “Contract for Sale” the sale contract entered into by the Seller with limitation income, business profits, branch profits, excise, property,
and will not affect its interpretation. the Buyer (see Appendix 1 in the Catalogue). sales, use, value added (VAT), environmental, franchise, customs,
11.8 In this agreement “including” means “including, without “Contractual Description” the only description of the Lot (being import, payroll, transfer, gross receipts, withholding, social security,
limitation”. that part of the Entry about the Lot in the Catalogue which is in bold unemployment taxes, as well as stamp duties and other costs,
11.9 References to the singular will include reference to the plural letters, any photograph (except for the colour) and the contents of imposed by the Hong Kong government applicable from time to time
(and vice versa) and reference to any one gender will include any Condition Report) to which the Seller undertakes in the Contract and any interest and penalty relating to such taxes, charges, fees,
reference to the other genders. of Sale the Lot corresponds. levies or other assessments.
11.10 Reference to a numbered paragraph is to a paragraph of this “Description” any statement or representation in any way descriptive “Terrorism” means any act or threatened act of terrorism, whether
agreement. of the Lot, including any statement or representation relating to its any person is acting alone or on behalf of or in connection with any
11.11 Save as expressly provided in paragraph 11.12 nothing in this authorship, attribution, condition, provenance, authenticity, style, organisation(s) and/or government(s), committed for political, religious
agreement confers (or purports to confer) on any person who period, age, suitability, quality, origin, value, estimated selling price or ideological or similar purposes including, but not limited to, the
is not a party to this agreement any benefit conferred by, or the (including the Hammer Price). intention to influence any government and/or put the public or any
right to enforce any term of, this agreement. “Entry” a written statement in the Catalogue identifying the Lot and section of the public into fear.
11.12 Where this agreement confers an immunity from, and/or an its lot number which may contain a description and illustration(s) “Trust Account” the bank account of Bonhams into which all relevant
exclusion or restriction of, the responsibility and/or liability of relating to the Lot. sums received in respect of the Purchase Price of any Lot will be paid,
Bonhams, it will also operate in favour and for the benefit of “Estimate” a statement of our opinion of the range within which the such account to be a distinct and separate account to Bonhams’
Bonhams’ holding company and the subsidiaries of such holding hammer is likely to fall. normal business bank account.
company and the successors and assigns of Bonhams and “Expenses” charges and expenses paid or payable by Bonhams “Website” Bonhams website at www.bonhams.com.
of such companies and of any officer, employee and agent of in respect of the Lot including legal expenses, banking charges “Withdrawal Notice” the Seller’s written notice to Bonhams
Bonhams and such companies, each of whom will be entitled to and expenses incurred as a result of an electronic transfer of revoking Bonhams’ instructions to sell a Lot.
avail itself of the same relevant right at law. money, charges and expenses for insurance, catalogue and other “Without Reserve” where there is no minimum price at which a Lot
12 GOVERNING LAW reproductions and illustrations, any customs duties, advertising, may be sold (whether at auction or by private treaty).
12.1 Law packing or shipping costs, reproductions rights’ fees, Taxes, levies, GLOSSARY
All transactions to which this agreement applies and all costs of testing, searches or enquiries, preparation of the Lot for sale, The following expressions have specific legal meanings with which
connected matters will be governed by and construed in storage charges, removal charges or costs of collection from the you may not be familiar. The following glossary is intended to give
accordance with the laws of Hong Kong. Bonhams has a Seller as the Seller’s agents or from a defaulting Buyer, plus Tax. you an understanding of those expressions but is not intended to
disputes procedure in place. “Forgery” an imitation intended by the maker or any other person to limit their legal meanings:-
12.2 Language deceive as to authorship, attribution, origin, authenticity, style, date, “artist’s resale right”: the right of the creator of a work of art to
The Buyer’s Agreement is published in both Chinese and age, period, provenance, culture, source or composition, which at receive a payment on sales of that work subsequent to the original
English. If there is any dispute in its interpretation, the English the date of the Sale had a value materially less than it would have sale of that work by the creator of it as set out in the Artists Resale
version will prevail. had if the Lot had not been such an imitation, and which is not stated Right Regulations 2006.
DATA PROTECTION - USE OF YOUR INFORMATION to be such an imitation in any description of the Lot. A Lot will not “bailee”: a person to whom goods are entrusted.
As a result of the services provided by us, we obtain personal data be a Forgery by reason of any damage to, and/or restoration and/or “indemnity”: an obligation to put the person who has the benefit
about you (which expression for the purposes of this paragraph only modification work (including repainting or over painting) having been of the indemnity in the same position in which he would have been,
includes your employees and officers, if relevant). You agree to our use carried out on the Lot, where that damage, restoration or modification had the circumstances giving rise to the indemnity not arisen and the
of it as follows. work (as the case may be) does not substantially affect the identity of expression “indemnify” is construed accordingly.
We may use your data to notify you about changes to our services the Lot as one conforming to the description of the Lot. “interpleader proceedings”: proceedings in the Courts to
and to provide you with information about products or services that “Guarantee” the obligation undertaken personally by Bonhams to determine ownership or rights over a Lot.
you request from us or which we feel may be of interest to you. Data the Buyer in respect of any Forgery and, in the case of specialist “knocked down”: when a Lot is sold to a Bidder, indicated by the
about you may be analysed to identify your potential preferences for Stamp Sales and/or specialist Book Sales, a Lot made up of a Stamp fall of the hammer at the Sale.
these purposes. We may disclose your data to any member of our or Stamps or a Book or Books as set out in the Buyer’s Agreement. “lien”: a right for the person who has possession of the Lot to retain
group (which means our subsidiaries, our ultimate holding company “Hammer Price” the price in the currency in which the Sale is possession of it.
and its subsidiaries as defined in section 1159 and schedule 6 of the conducted at which a Lot is knocked down by the Auctioneer. “risk”: the possibility that a Lot may be lost, damaged, destroyed,
Companies Act 2006, including any overseas subsidiary). Subject to “Hong Kong” the Hong Kong Special Administrative Region of the stolen, or deteriorate in condition or value.
this, we will not disclose your data to any third party but we may from People’s Republic of China. “title”: the legal and equitable right to the ownership of a Lot.
time to time provide you with information about goods and services “Loss and Damage Warranty” means the warranty described in “tort”: a legal wrong done to someone to whom the wrong doer has
provided by third parties which we feel may be of interest to you. Any paragraph 8.2.1 of the Conditions of Business. a duty of care.
member of our group may use your data for similar purposes. “Loss and Damage Warranty Fee” means the fee described in
We will keep your data for a period of five years from the date of your paragraph 8.2.3 of the Conditions of Business. SALE OF GOODS ORDINANCE (Chapter 26 of the Laws of
last contact with us so as to simplify any future registration. The data “Lot” any item consigned to Bonhams with a view to its sale at Hong Kong)
may be transferred to and stored outside Hong Kong and you agree to auction or by private treaty (and reference to any Lot will include, The following is an extract from the Sale of Goods Ordinance (Chapter
this transfer. unless the context otherwise requires, reference to individual items 26 of the Laws of Hong Kong):
You have the right to request us not to use your information for these comprised in a group of two or more items offered for sale as one “Section 14 Implied undertaking as to title etc.
purposes by contacting Bonhams (Hong Kong) Limited at Montpelier lot). (1) In every contract of sale, other than one to which subsection
Galleries, Montpelier Street, London, SW7 1HH, United Kingdom (which “Motoring Catalogue Fee” a fee payable by the Seller to Bonhams (2) applies, there is-
for the purpose of the Personal Data (Privacy) Ordinance (Chapter in consideration of the additional work undertaken by Bonhams in (a) an implied condition on the part of the seller that in the
486 of the Laws of Hong Kong) is the data user) or by e-mail at client. respect of the cataloguing of motor vehicles and in respect of the case of the sale, he has a right to sell the goods, and in the
services@ bonhams.com. promotion of sales of motor vehicles. case of an agreement to sell, he will have a right to sell the
“New Bond Street” means Bonhams’ saleroom at 101 New Bond goods at the time when the property is to pass; and
APPENDIX 3
Street, London W1S 1SR. (b) an implied warranty that the goods are free, and will remain
DEFINITIONS and GLOSSARY “Notional Charges” the amount of Commission and Tax which free until the time when the property is to pass, from any
Where these Definitions and Glossary are incorporated, the following would have been payable if the Lot had been sold at the Notional charge or encumbrance not disclosed or known to the buyer
words and phrases used have (unless the context otherwise requires) Price. before the contract is made and that the buyer will enjoy quiet
the meanings given to them below. The Glossary is to assist you to “Notional Fee” the sum on which the Consignment Fee payable to possession of the goods except so far as it may be disturbed
understand words and phrases which have a specific legal meaning Bonhams by the Seller is based and which is calculated according to by the owner or other person entitled to the benefit of any
with which you may not be familiar. the formula set out in the Conditions of Business. charge or encumbrance so disclosed or known.
LIST OF DEFINITIONS “Notional Price” the latest in time of the average of the high and (2) In a contract of sale, in the case of which there appears from
“Additional Premium” a premium, calculated in accordance with low estimates given by us to you or stated in the Catalogue or, if no the contract or is to be inferred from the circumstances of
the Notice to Bidders, to cover Bonhams’ expenses relating to the such estimates have been given or stated, the Reserve applicable to the contract an intention that the seller should transfer only
payment of royalties under the Artists Resale Right Regulations the Lot. such title as he or a third person may have, there is-
2006 which is payable by the Buyer to Bonhams on any Lot marked “Notice to Bidders” the notice printed at the front of our (a) an implied warranty that all charges or encumbrances
[ AR ] which sells for a Hammer Price which together with the Buyer’s Catalogues. known to the seller and not known to the buyer have been
Premium (but excluding any VAT) equals or exceeds 1000 euros “Purchase Price” the aggregate of the Hammer Price and Tax disclosed to the buyer before the contract is made; and
(converted into the currency of the Sale using the European Central on the Hammer Price. (where applicable) the Buyer’s Premium (b) an implied warranty that neither-
Bank Reference rate prevailing on the date of the Sale). and VAT on the Buyer’s Premium and any Expenses. (i) the seller; nor
“Auctioneer” the representative of Bonhams conducting the Sale. “Reserve” the minimum price at which a Lot may be sold (whether (ii) in a case where the parties to the contract intend that
“Bidder” a person who has completed a Bidding Form. at auction or by private treaty). the seller should transfer only such title as a third person
“Bidding Form” our Bidder Registration Form, our Absentee and “Sale” the auction sale at which a Lot is to be offered for sale by may have, that person; nor
Telephone Bidding Form. Bonhams. (iii) anyone claiming through or under the seller or
“Bonhams” Bonhams (Hong Kong) Limited or its successors or “Sale Proceeds” the net amount due to the Seller from the sale that third person otherwise than under a charge or
assigns. Bonhams is also referred to in the Buyer’s Agreement, the of a Lot, being the Hammer Price less the Commission, any Tax encumbrance disclosed or known to the buyer before the
Conditions of Business and the Notice to Bidders by the words “we”, chargeable thereon, Expenses and any other amount due to us in contract is made, will disturb the buyer’s quiet possession
“us” and “our”. whatever capacity and howsoever arising. of the goods.
“Book” a printed book offered for sale at a specialist book sale. “Seller” the person who offers the Lot for sale named on the
“Business” includes any trade, business and profession. Contract Form. Where the person so named identifies on the form
“Buyer” the person to whom a Lot is knocked down by the another person as acting as his agent, or where the person named
Auctioneer. The Buyer is also referred to in the Contract of Sale and on the Contract Form acts as an agent for a principal (whether such
the Buyer’s Agreement by the words “you” and “your”. agency is disclosed to Bonhams or not), “Seller” includes both the
“Buyer’s Agreement” the contract entered into by Bonhams with agent and the principal who shall be jointly and severally liable as
the Buyer (see Appendix 2 in the Catalogue). such. The Seller is also referred to in the Conditions of Business by
“Buyer’s Premium” the sum calculated on the Hammer Price at the the words “you” and “your”.
rates stated in the Notice to Bidders. “Specialist Examination” a visual examination of a Lot by a
“Catalogue” the catalogue relating to the relevant Sale, including specialist on the Lot.
any representation of the catalogue published on our Website. “Stamp” means a postage stamp offered for sale at a Specialist
HK/NTB/MAIN/9.2022
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